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1. 왜 상가 최우선변제는 대부분 오해할까?
2. | 상가 최우선변제의 가장 큰 착각
3. | 진짜 계산법은 ‘환산보증금’입니다
4. | 서울 상가도 대부분 탈락하는 현실
5. | 계약 전 반드시 체크해야 할 5가지
6. | 자주 묻는 질문 Q&A
7. | 마무리 정리

Hello from MoneyLog 🐝

Recently, while working on a co-brokered commercial lease transaction, I noticed something quite surprising.
Even another experienced real estate agent misunderstood how commercial tenant priority repayment actually works.

This confusion is far more common than most people think.
Old charts and misleading online explanations have caused many tenants — and even real estate professionals — to misunderstand the legal standard.

Many people assume that commercial lease protection works similarly to apartment or residential lease protection.
However, there is one major difference.
Residential leases are generally judged based on the actual deposit amount, while commercial leases are calculated using a converted deposit formula.

Most people think this:

“If my commercial deposit in Seoul is under 65 million KRW, I should automatically qualify for priority repayment protection.”

But the reality is very different.
Commercial lease protection is determined not only by the deposit itself, but also by adding the converted monthly rent amount.
Because of this, many commercial tenants unexpectedly fail to qualify for priority repayment protection.

Even in Seoul, a slightly higher monthly rent can immediately push the converted deposit amount above the legal limit.

After reviewing the law and actual calculations again during this transaction, I realized this topic absolutely needed a proper explanation.

Today, I’ll explain the real calculation method behind commercial tenant priority repayment and why so many tenants fail to receive protection in real situations.

| The Biggest Misconception About Commercial Tenant Priority Repayment

The most common misunderstanding about commercial tenant priority repayment is this:

At first glance, this may sound correct.
However, one very important point is often missing.

For commercial leases, the small tenant deposit limit is not judged only by the actual deposit written in the lease contract. It must be calculated based on the converted deposit amount, which includes the monthly rent converted into a deposit amount.

This is the biggest difference between residential leases and commercial leases.
Residential leases are generally judged based on the actual deposit amount, while commercial leases must include the converted monthly rent.

For example, even if the contract deposit is only 10 million KRW, you should not simply view it as a “10 million KRW deposit lease” if there is monthly rent.

Under the Commercial Building Lease Protection Act, the monthly rent must also be converted and added to the deposit amount.

That is why relying only on a simple chart can be dangerous. Before judging whether a tenant qualifies for priority repayment protection, you must first calculate the converted deposit amount.

| The Real Formula: Converted Deposit Amount

So how is the converted deposit amount actually calculated?

Under the Commercial Building Lease Protection Act, the formula is:

This means monthly rent is legally converted into a deposit-equivalent amount and added together.

Because of this rule, even a small actual deposit can easily exceed the legal protection limit if the monthly rent is high.

At first glance, many people think this deposit looks very safe.
But once converted, the result changes completely.

This exceeds Seoul’s small commercial tenant protection threshold of 65 million KRW.

As a result, the tenant may lose priority repayment protection entirely despite having a relatively small actual deposit.

| Why Most Commercial Tenants Still Fail to Qualify

The biggest real-world problem is this:

Current commercial tenant protection limits often do not match actual market rental prices.

In Seoul and metropolitan commercial districts, finding stores with monthly rent below 500,000–600,000 KRW is already difficult.

Yet under the current law, even a slightly higher monthly rent can immediately push the converted deposit amount above the legal limit.

Although the actual deposit itself may seem small, the tenant may still fail to qualify for priority repayment protection because the converted deposit exceeds the legal threshold.

| 5 Things You Must Check Before Signing a Commercial Lease

Many tenants simply assume that a small deposit automatically means legal protection.

However, in commercial leases, priority repayment protection can become far more complicated due to the converted deposit calculation system.

| Frequently Asked Questions

| Final Summary

Commercial tenant priority repayment protection works very differently from what many people assume.

The most important point is that commercial leases are judged based on the converted deposit amount, not simply the actual deposit.

Because of this, many tenants unexpectedly fail to qualify for legal protection despite having relatively small deposits.

Before signing any commercial lease, always calculate the converted deposit amount carefully and review the official registry standards and property rights.